WHAT HAPPENS IF THE LANDLORD OF YOUR RENTAL AGREEMENT dies??

We do not usually ask ourselves this question when we formalize a rental contract, but do you know what happens if this happens to your landlord? In this post we are going to clarify some doubts about it..

Who is the Landlord of your rental agreement?  The landlord must be in paragraph one of your contract, which is the person who gives or leases a good or service on lease. Namely, is the person who owns a property, a usufructuary or the person authorized to be able to rent it. Definitely, the owner of the home or premises.

In the case of usufructuary, we must indicate that this corresponds when, after the death of a person, his or her widow or widower has the right to enjoy the home even though he or she does not own it.

the laws do not make express mention of the animals that live on a farm, What happens if the landlord of your home dies??  two things can happen:

Well you should know that, if the landlord is the owner, his death does not terminate the lease, since, the general regulations apply a contractual succession, which indicates that the heirs of the deceased are subrogated in the position of the former landlord.

As a direct consequence of this, the rental agreement must remain as is, you can't touch any of its content, the clauses that govern it must remain as is. Only the person of the lessor has to be changed and the rest must remain as it was.

This means that the minimum duration established in the lease must be maintained., as well as the rent agreed on the day.

You must also register it in the IAE of the city council of your locality, If the person who dies is the usufructuary, things change. Article 13.2 of the Urban Leasing Law and articles 480 and 513 of the Civil Code, indicate that the rental contract will be terminated. Namely, if your landlord is usufructuary of the home and dies, you will have to talk to the new owner or heir, who will be the one who, in legal terms, will have consolidated the property and will make the decision about what happens to the home you occupy. Namely, It will be this new owner who will indicate whether to continue renting the house or sell it.

The Law clearly states that the new landlord is the one who must indicate to the tenants or tenants the termination of the current rental contract since, if you do not receive any written communication from this new owner, It would indicate that you want to continue with the lease or that you accept an extension of the rental contract and it is to this person that you must continue paying the rent..  If this new owner hires the services of a property manager, They are the ones who should tell you how to proceed with your payments. At this point we recommend you not to delay, because they could penalize you with interest on arrears and even if the new owner wants it, you must leave the house.

What if there are multiple heirs? In this case several possibilities can occur.:

That the ownership of the flat has been shared between them. In this case, they would be co-owners, that is to say, they would all be co-tenants, The healthiest thing in this case is that they agree to appoint a person in charge of the tasks and communications with the tenant and where to pay the monthly fee. Of course, all this in writing to avoid future inconveniences..

The same happens if there are several heirs and the inheritance is not distributed, this becomes a hereditary community where an authorized person informs the tenant where to pay the monthly payment..

In the event that the heirs do not agree, have discrepancies between them and do not finish telling the tenant what to do or where to deposit the money, being that the old account is not operational, then the tenant can avoid delays by making a judicial or notarial consignment, which is nothing more than the action of depositing the money before an impartial third party (court), so that in the future the lessor or lessors can receive it.

In the event that there is an heir and a usufructuary. It will be with the usufructuary with whom the tenant must deal, that is to say, this is the person who from now on will become the landlord because the heir has nothing to object to.

If the heirs decide to sell the house, The first thing they should do is notify the tenant, to clarify through the date of your contract if it enters the modality that the rent cannot be terminated while the tenant has the legal extensions in force, what should be duly stated in the rental contract. We must point out that there is an exception, since if the heir or one of his relatives needs the house to settle down, then the tenant must leave the house.

When there are no heirs, the home is left to the state and it is with the state that the tenant must deal. You will receive communication to the house to indicate the steps to follow.

In NOVE ADMINISTRATIONS, we have the best advisers. We can help you with this issue and with what you need whether you are a tenant or an owner.